Settling a Run of TPs For All Flats in a Block

On receipt of the first 2012 TP application to register a flat out of a tenement block already registered as part of a larger parent title, the Keeper's policy requires the removal of the whole of the tenement steading extent from the development parent title before the first 2012 Act TP for a flat can be registered. The tenement steading extent is then established as the tenement steading cadastral unit, and the associated title sheet becomes the block parent title. TPs for flats are then removed from the tenement block parent title. This is done so that the plot of ground (the tenement steading) is only included in one cadastral unit. Full detail of this process can be found on Further Guidance page TP - Creating a New Tenement Steading Cadastral Unit.

In a very limited set of circumstances (see below), it is possible to by-pass the internal process steps required to set up the tenement steading cadastral unit with associated title sheet for the block parent title, and follow a shortened process to register the TPs for the flats.

Useful Links

TP - Creating a New Tenement Steading Cadastral Unit

TP - Using an Existing Tenement Steading Cadastral Unit

When can the shortened process be followed?

This shortened process can only be followed when the Keeper is in possession of TP applications to register all remaining flats in a block.

It can be applied equally where:

there are already 1979 Act PRs for flats in the block and the remainder have been submitted under the 2012 Act; or
where the block is part of a 1979 Act parent title, but all flats have been submitted under the 2012 Act; or
where the block is part of a 2012 Act parent title, and all flats have therefore been submitted under the 2012 Act.

TP casework should not be deliberately stockpiled to allow this shortened process to be followed.

When must the shortened process not be followed?

This shortened process cannot be used when the Keeper is not in possession of TP applications to register all remaining flats in a block.

If the parent title contains more than one flatted block, and the TPs that are currently being submitted for registration are spread across several blocks, the shortened process can only be followed for those blocks where the keeper is in possession of TP applications to register all remaining flats in that block.

TP casework must be processed in date order. Often a parent title will contain more than one flatted block, or a mixture of houses and flats. Even if the shortened process is being followed, the individual TPs for the flats (from all blocks) and the houses must be settled and removed from the parent title in date order.

Settling a run of TPs for flats using the shortened process - key points for plans settlers

1st TP

The tenement steading cadastral unit number and the title sheet number allocated to the 1st 2012 Act TP from the tenement block will be the same.
On the mapping system, the extent of the tenement steading will be (i) the acceptable extent already held by the Keeper, (ii) the extent as defined in the current application, or (iii) the extent as derived by the Keeper from the information available. If there were no 1979 Act PRs for flats from this block, you will need to consider if the 25 metre rule applies.
The tenement steading cadastral unit will be mapped onto the cadastral map in the normal manner in the 1st TP application.
Any plans references for rights and pertinents pertaining to the flat in the 1st TP application will be mapped on a plan showing the supplementary data, and will not be mapped on the cadastral map. This supplementary data will be named supplementary data 1, supplementary data 2, etc, with the suffix being the number of the particular grouping.
No plans reference is to be shown on the parent title cadastral unit at this point for the removal of the block, flat or its pertinents.
The LRS title notes for the 1st TP application should be completed in the normal manner for a TP, and must also include a note identifying this cadastral unit as the tenement steading cadastral unit - see Further Guidance on completing the LRS Title Notes.
The plans casenotes for the 1st TP application should be completed in the normal manner for a flatted property, and must also include a note identifying this cadastral unit as the tenement steading cadastral unit - see Further Guidance on completing the plans case notes.
The plans casenotes for the parent title should not be updated at this point.
The property section of the title sheet will refer to the flat as forming part of the tenement steading cadastral unit - see Further Guidance on sample property section styles for tenement properties for more examples.
Once the 1st TP application has been closed and approved on the mapping system, the 2nd TP application can be plans settled.

2nd TP, etc.

Once the 1st TP application has been closed and approved on the mapping system, the 2nd TP application can be plans settled.
The title sheet number allocated to the 2nd TP application will not change. However, the flat in the 2nd TP will be referred to as forming part of the cadastral unit number of the tenement steading cadastral unit that was set up in the 1st TP. For example, MID145 is the cadastral unit number and title number of the 1st TP. The 2nd TP is title number MID150 forming part of cadastral unit number MID145.
On the mapping system, due to the current IT provision, it is not possible to link more than one title sheet to an existing tenement steading cadastral unit. Therefore, you will need to map and authorise a copy of the tenement steading extent on the mapping system for every TP application to register a flat within the block.
Any plans references for rights and pertinents pertaining to the flat in the 2nd TP application will be mapped on a plan showing the supplementary data, and will not be mapped on the cadastral map. This supplementary data will be named supplementary data 1, supplementary data 2, etc, with the suffix being the number of the particular grouping.
No plans reference is to be shown on the parent title cadastral unit at this point for the removal of the block, flat or its pertinents.
The LRS title notes for the 2nd TP application should be completed in the normal manner for a TP, and must also include a note identifying the cadastral unit number of the tenement steading cadastral unit - see Further Guidance on completing the LRS Title Notes.
The plans casenotes for the 2nd TP application should be completed in the normal manner for a flatted property, and must also include a note identifying the cadastral unit number of the tenement steading cadastral unit - see Further Guidance on completing the plans case notes.
The plans casenotes for the parent title should not be updated at this point.
The property section of the title sheet will refer to the flat as forming part of the tenement steading cadastral unit - see Further Guidance on sample property section styles for tenement properties for more examples.
Once the 2nd TP application has been closed and approved on the mapping system, the 3rd TP application can be plans settled in the same way, and so on until you are ready to plans settle the final TP from the block - see next process.

Final TP

Once the second last TP application has been closed and approved on the mapping system, the final TP application can be plans settled, and the parent title updated.
The title sheet number allocated to the final TP application will not change. However, the flat in the final TP will be referred to as forming part of the cadastral unit number of the tenement steading cadastral unit that was set up in the 1st TP. For example, MID145 is the cadastral unit number and title number of the 1st TP. The final TP is title number MID200 forming part of cadastral unit number MID145.
On the mapping system, due to the current IT provision, it is not possible to link more than one title sheet to an existing tenement steading cadastral unit. Therefore, you will need to map and authorise a copy of the tenement steading extent on the mapping system for every TP application to register a flat within the block.
Any plans references for rights and pertinents pertaining to the flat in the final TP application will be mapped on a plan showing the supplementary data, and will not be mapped on the cadastral map. This supplementary data will be named supplementary data 1, supplementary data 2, etc, with the suffix being the number of the particular grouping.
Accessing the parent title via the final TP application, the removal of the full tenement steading extent from the parent title should be mapped on the mapping system in the normal manner, using either the positive removal style or green-out.

5.1 If plans references were already shown on the parent title for the removal or feu of flats or areas of common or exclusive ownership within the tenement steading (areas pertaining to previous 1979 Act TP flat registrations), the references shown on the parent title should be updated to reflect that the whole tenement steading has now been removed.

5.2 The plans casenotes for the parent title should be updated to reflect the removal of the tenement steading and any other changes made to the plans referencing on the development parent title.
The LRS title notes for the final TP application should be completed in the normal manner for a TP, and must also include a note identifying the cadastral unit number of the tenement steading cadastral unit - see Further Guidance on completing the LRS Title Notes. An additional LRS title note should be added advising the legal settler of any changes made to the plans references on the parent title, and advising of any changes required to the schedule of removals or schedule of feus in the parent title (if such a schedule exists).
The plans casenotes for the final TP application for the tenement steading should be completed in the normal manner, and must also include a note identifying the cadastral unit number of the tenement steading cadastral unit - see Further Guidance on completing the plans case notes.
The property section of the title sheet will refer to the flat as forming part of the tenement steading cadastral unit - see Further Guidance on sample property section styles for tenement properties for more examples.
Once the final TP application has been closed and approved on the mapping system, LRS notes, etc, all of the TP applications for the run should be released to legal settle.

Settling a run of TPs for flats using the shortened process - key points for legal settlers

TPs

The applications for the individual TPs should be processed as normal, and in date order.
The title sheet for each TP should be brought down to the application date of the final TP.
The applications for the individual TPs should be confirmed on the LRS but not despatched until the very end of the process.

Parent title

Only a single TU will be required to update the parent title at the end of the run of TPs (or use a DW over the parent title if one exists).
If previous 1979 Act TPs for flats in this block had already been removed or feued from the parent title, update the schedule of removals or schedule of feus to take these out - as the whole of the tenement steading has now been removed, the whole block will be covered by a general removals note (if the green-out method of removals has been used), or the parent title extent will have been reduced to omit the tenement steading (if a positive removal style has been used).
The title sheet for the parent title should be brought down to the application date of the final TP.
All TPs and the parent title TU must be registered simultaneously to prevent the creation of overlapping cadastral units on the cadastral map. Therefore, you must only complete and despatch the applications when all TPs and the parent title are ready.